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(영문) 서울중앙지방법원 2014.09.12 2013가합85962
구상금
Text

1. The Defendant’s KRW 288,103,572 as well as 5% per annum from May 25, 2012 to September 12, 2014 to the Plaintiff.

Reasons

A. The details of the settlement method of the disposal price, etc. and the profit-making premium of the first beneficiary were determined as follows.

Article 1 [Purpose of Trust] The purpose of this Trust is to preserve and manage the trusted real estate and to liquidate it in the event of default in order to ensure the management of ownership of the trusted real estate and the performance of obligations or responsibilities owed by the truster.

Article 7 (Priority Rights of Preferential Beneficiaries) (1) The scope of the right to benefit held by the preferential beneficiary shall be limited to the principal, interest, delay damages, etc. of the preferential beneficiary resulting from credit transactions between the preferential beneficiary and the debtor and the increased or decreased change.

(2) The preferential beneficiary shall have the right to make profits within this limit, with the maximum of the amount of attached Table 2-4 as stated in the certificate of beneficial rights issued by the trustee.

(3) The preferential beneficiary's right to benefit with respect to the trust principal shall take precedence over the truster's right to benefit.

(6) No truster nor his/her successor shall be entitled to the status of priority beneficiary.

* Separate 2-Attachment 2

4. Profit-making premium: 27,300,000,000 won for profit-making premium for each beneficiary of the trust principal in order of priority (name). 8,40,400,000 won for the Korea Mutual Savings Promotion Mutual Savings Promotion Mutual Savings Promotion Mutual Savings in order of priority beneficiary, 8,40,000,000 won for 4,420,000,000 won for 3,640,000,000 won for 27,300,000,000 won for profit-making premium for each beneficiary of the trust principal.

(2) Where it is insufficient to pay the expenses, etc. under paragraph (1) in money that belongs to the trust property and it is impossible for the truster to receive the shortage, the whole or part of the real estate trusted may be disposed of in a manner deemed reasonable by the trustee

Article 18 (Time for Disposal of Trust Real Estate) (1) In any of the following cases, it shall be even before the expiration of the trust period:

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